Defendant shall be punished by a fine of KRW 5,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

On June 1, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as under the influence of alcohol, such as a shocking, walking, and debrising of the Defendant’s snow from F, a police box belonging to the ASEAN Police Station E box called up after receiving a report by locked while driving DK7 motor vehicles with drinking on the front side of Asan City, at around 04:10 on June 1, 201.

In a case where there are reasonable grounds to determine a person, the police box located in G did not comply with the measurement of drinking without justifiable grounds, such as avoiding the demand, even though he/she received a request to comply with the measurement of drinking by inserting approximately three minutes from 04:32 to 04:58 of the same day by inserting the whole breath of drinking during three times between 26 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of the circumstances of the driver involved in driving;

1. Control point and suspect photographs (the defendant and his defense counsel asserts as follows:

The defendant received a request for the measurement of drinking alcohol after being voluntarily accompanied by the E police box, and since the voluntary accompanying constitutes illegal arrest and thus the request for measurement of drinking is illegal, the defendant cannot be punished for non-compliance.

First of all, while under the influence of alcohol at the time, the defendant was able to sit on the driver's seat of a motor vehicle stopped on the road, and the defendant was requested by the police officer who was called upon 112 to take a breath test for drinking.

The place where a motor vehicle was parked by the defendant who was seated in the driver's seat was a road, and at the time, it was difficult to ensure the view because it was night or a new wall at the time, and drinking was reduced due to a drinking-free measurement, so the judgment of the police officer to take the defendant into the police box and to take the measurement of drinking is appropriate.

If drinking is measured at this place, it is because it would be the result of measuring drinking on the road without parking the vehicle on the road (the defense counsel voluntarily accompanying the vehicle that would have been the subject of drinking after driving on the road).